Trademark Rectification

Trademark rectification refers to the process of correcting, amending, or removing an entry from the Register of Trademarks. This procedure is typically initiated when there is an error, omission, or an unfairly remaining entry that could potentially mislead the public or affect the rights of a legitimate trademark holder. Common grounds for rectification include non-use of the mark for a continuous period, fraudulent registration, or if the mark was registered without any bona fide intention to use it. The process usually involves filing a formal application before the Intellectual Property Appellate Board (IPAB) or the Registrar of Trademarks, followed by a hearing to present arguments and evidence. Successful rectification ensures that the trademark register accurately reflects intellectual property rights and prevents misuse or misrepresentation of trademarks.